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10 October 2013 Regular MINUTES OF THE VAN BUREN, ARKANSAS CITY COUNCIL MEETING OCTOBER 21, 2013 The City Council of the City of Van Buren, Arkansas met at 7:00 p.m. Monday, October 21, 2013 at Van Buren Municipal Complex. The meeting was called to order by Mayor Freeman. On roll call, the following Council members answered as their names were called: Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. City Clerk Treasurer Barbie Curtis and City Attorney Candice Settle were present. This made a total of nine (9) present. A quorum was declared. The invocation was given by Pastor Chris Johnson, from First Baptist Church. Next, Mayor Freeman led the Pledge of Allegiance. On the agenda next, Mayor Freeman asked to adopt the minutes of the Council Meeting on September 16, 2013. Alderman Parker made a motion to approve the minutes. Alderman Dodd seconded the motion. On roll call, the following Council members voted aye: Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. The following voted nay: none. On the agenda next was to consider A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT 120 FAYETTEVILLE ROAD, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there were any representatives or owners present that would like to speak on behalf of the property. James Scroggins responded that the home was inherited by himself and two sisters. He did not know what to do actually; no one wanted the home. He stated that he wanted to sale the home and asked for more time. Mayor Freeman asked Chief Bell for his input on the matter. Chief Bell stated that this has been a long ongoing process starting back in 2011. Everyone has been notified on three different occasions about the homes condition. All of the requirements have been met including having an Attorney notify the home owners and it has been posted in the newspaper. David Martin was asked by Mayor Freeman if there were any permits issued for remodeling and he replied there was none. Alderman Dodd asked how long has the home been listed for sale. Chief Bell responded that to his knowledge there is not a "For Sale" sign at the home. Alderman Parker seconded by Alderman Dodd moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. 4 r THE RESOLUTION WAS GIVEN THE NUMBER 10 -1 -2013 CITY OF 1'AN BUREN, ARKANSAS RESOLUTION NO. 10 -2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT 120 FAYETTEVILLE ROAD, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. WHEREAS, the structure set forth above has been found by the Van Buren Code Enforcement Department to be dangerous, unsightly, unsanitary, dilapidated, obnoxious, unsafe, unfit for human habitation and /or otherwise detrimental to public welfare of Van Buren citizens in violation of Van Buren Municipal Code 5 11.28.01 etseq; and WHEREAS, the condition of such property, as set forth in Exhibit "A" attached hereto, constitutes a serious fire, health, and /or safety hazard to the Public and to the City of Van Buren, and unless immediate action is taken to remedy these conditions, by removing, razing and /or abating said nuisance, there is great likelihood that the surrounding property may be damaged by fire originating from such unsafe hazardous structure. Moreover since the structure is without proper sanitary facilities, and as such is unsafe and hazardous, and provides a breeding place for rats, rodents and other dangerous germ carriers of disease, it constitutes a serious hazard to the health and safety of the citizens of Van Buren, and should be moved or razed for the purpose of eliminating such hazards. The city has given proper notice in accordance with Van Buren Municipal Code 11.28.07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The Van Buren City Council hereby finds and declares the house located at the address indentified herein to be dangerous, unsightly, unsanitary, dilapidated, unsafe, obnoxious, a fire hazard, and /or a menace to abutting properties, with the current condition of said structure not being fit for human habitation; and because of such conditions, the City Council hereby declares the same to be condemned as a public nuisance and is ordered to be abated, removed or razed by the owner thereof in accordance with City Ordinance and State law. SECTION 2. In accordance with Van Buren Municipal Code 11.28.08, the owner of record of the following described property is hereby directed to raze the same, or otherwise abate the above declared nuisance within thirty (30) days after the posting of a true copy of this Resolution at a conspicuous place upon the structure constituting the nuisance described herein, to -wit: Drennen Block: 2 Lot: PT subdivision in the City of Van Buren, Crawford County, Arkansas. (Parcel No. 700- 02052 -000), located at 120 Fayetteville Road and owned by James Scroggins, etal. SECTION 3. If the aforementioned structure has not been razed and /or removed within thirty (30) days after posting a true copy of this resolution at a conspicuous place upon the structure constituting the nuisance, or the nuisance otherwise abated, the structure shall be torn down and /or removed by the City of Van Buren, or a duly designated representative. Each day after the aforesaid thirty (30) days in which said nuisance is not abated shall constitute a separate and distinct offense punishable by fine up to $25.00 per day. Van Buren Ordinance 29 -1997. IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and CI against, the foregoing Resolution at its regular meeting held on the 21' day of October 2013. Robert D. Fre- ATTESTED: APP TO FORM: �fn �fLI i& Barbie Curtis, City Clerk/Treasurer Candice A. Settle, City ttorney On the agenda next was to consider A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT #11 SOUTH 25 STREET, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Chief Bell spoke stating that the owner of the home had passed away several years ago. Alderman Dodd seconded by Alderman Ragsdale moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -2 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. (Q -2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION DECLARING THE EXISTENCE OF A NUISANCE UPON CERTAIN REAL PROPERTY WITHIN THE CORPORATE CITY LIMITS, LOCATED AT #11 SOUTH 25 STREET, FOR THE PURPOSE OF CONDEMNING SAID STRUCTURE; PROVIDING A PERIOD OF TIME FOR PROPERTY OWNER TO ABATE SAID NUISANCE; AND FOR OTHER PURPOSES. WHEREAS, the structure set forth above has been found by the Van Buren Code Enforcement Department to be dangerous, unsightly, unsanitary, dilapidated, obnoxious, unsafe, unfit for human habitation and /or otherwise detrimental to public welfare of Van Buren citizens in violation of Van Buren Municipal Code 11.28.01 et seq; and WHEREAS, the condition of such property, as set forth in Exhibit "A" attached hereto, constitutes a serious fire, health, and /or safety hazard to the Public and to the City of Van Buren, and unless immediate action is taken to remedy these conditions, by removing, razing and /or abating said nuisance, there is great likelihood that the surrounding property may be damaged by fire originating from such unsafe hazardous structure. Moreover since the structure is without proper sanitary facilities, and as such is unsafe and hazardous, and provides a breeding place for rats, rodents and other dangerous germ carriers of disease, it constitutes a serious hazard to the health and safety of the citizens of Van Buren, and should be moved or razed for the purpose of eliminating such hazards. The city has given proper notice in accordance with Van Buren Municipal Code 11.28.07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1. The Van Buren City Council hereby finds and declares the house located at the address indentified herein to be dangerous, unsightly, unsanitary, dilapidated, unsafe, obnoxious, a fire hazard, and /or a menace to abutting properties, with the current condition of said structure not being fit for human habitation; and because of such conditions, the City Council hereby declares the same to be condemned as a public nuisance and is ordered to be abated, removed or razed by the owner thereof in accordance with City Ordinance and State law. SECTION 2. In accordance with Van Buren Municipal Code 11.28.08, the owner of record of the following described property is hereby directed to raze the same, or otherwise abate the above declared nuisance within thirty (30) days after the posting of a true copy of this Resolution at a conspicuous place upon the structure constituting the nuisance described herein, to -wit: Lot PT 17, Boatright Addition subdivision in the City of Van Buren, Crawford County, Arkansas. (Parcel No. 700 -01381 -000, located at 811 South 25` Street and owned by A E Acquisitions.) SECTION 3. If the aforementioned structure has not been razed and /or removed within thirty (30) days after posting a true copy of this resolution at a conspicuous place upon the structure constituting the nuisance, or the nuisance otherwise abated, the structure shall be torn down and /or removed by the City of Van Buren, or a duly designated representative. Each day after the aforesaid thirty (30) days in which said nuisance is not abated shall constitute a separate and distinct offense punishable by fine up to $25.00 per day (Van Buren Ordinance 29-1997). IN TESTIMONY WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of lP for and 0 against, the foregoing Resolution at its meeting held on the 21' day of October 2013. Robert D. Freeman, Mayor ATTESTED: •PPROV,� FORM: I Barbie Curtis, City Clerk/Treasurer Car. Settle, City Attorney On the agenda next was to consider A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman added that the first two items; were servers they were acquired in 2007. Both servers were located at the Police Department and were outdated software that was replaced. The voice recording system was part of the 911 system that records all of the phone calls and it was going out, so that needed to be replaced. Alderman Ragsdale seconded by Alderman Sagely moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -3 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. i b1 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO REMOVE AND DISPOSE OF CERTAIN FIXED ASSETS FROM THE CITY OF VAN BUREN'S FIXED ASSET INVENTORY, BY SEALED BID, AUCTION OR OTHER METHODS AUTHORIZED UNDER THE LAW, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has certain fixed assets on its Fixed Asset Inventory List which are obsolete, and/or beyond repair, and are no longer cost effective, so as to no longer be needed by the City; and WHEREAS, after an inventory of fixed assets, it is therefore recommended by our State Auditor that said items or item be removed from the City's Fixed Asset Inventory and disposed of by sealed bid, auction or as otherwise authorized under Arkansas law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Mayor and City Clerk are hereby authorized to remove the following asset or assets from the Fixed Asset Inventory and to dispose of same by sealed bid, auction or other such methods authorized under the law: Department Amount Description of Inventory Control Police Department $7,625.60 Hewlitt- Packard Server PD -635 Model #5150 -4G -PS SN #2UX74109N9 Police Department $2,927.27 Hewlitt- Packard Server PD -579 Model #ML350R03 SN #M004LK82117 Police Department $8,619.24 Digiop Voice Recorder System PD -652 Model #VLG2CYAPSA16 SN #1013826 IN WITNESS WHEREOF, the City of Van B kancas, by its City Council, did pass, approve, and adopt, by a vote of Jz for and O agar. e foregoing Resolum at its regular meeting held on the 21 day of October 2013. Robert D. Fr:.... Mayor ATTESTED: AT 'ROY. S 1 11.FQ1■; 4 )24/0-- Barbie Curtis anA. Settle City Clerk/Treasurer City Attorney On the agenda next was to consider A RESOLUTION ACCEPTING THE BID OF GOODWIN GOODWIN, INC., FOR THE 2013 TENNIS COURT PROJECT, AND FOR OTHER PURPOSES. The City Clerk read the Resolution in its entirety. Mayor Freeman asked if there was any discussion. Mayor Freeman noted that this actually has been an open work order to get the sidewalk and the drainage fixed up at the tennis courts since 2009. They were able to do the fencing improvements and get the lights done. Now the final thing is to get the tennis court project wrapped up. Alderman Ragsdale seconded by Alderman Parker moved that the Resolution be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. Nays none. The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City Clerk and impressed with the seal of the City. THE RESOLUTION WAS GIVEN THE NUMBER 10 -4 -2013 CITY OF VAN BUREN, ARKANSAS RESOLUTION NO. 1 0 _4 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, A RESOLUTION TO BE ENTITLED: A RESOLUTION ACCEPTING THE BID OF GOODWIN GOODWIN, INC., FOR THE 2013 TENNIS COURT PROJECT, AND FOR OTHER PURPOSES. WHEREAS, the City of Van Buren has advertised for bids for the 2013 Tennis Court Project; and WHEREAS, bids have been received and opened in accordance with Arkansas law and Goodwin Goodwin, Inc., was the lowest bidder meeting the bid specifications; and WHEREAS, the City of Van Buren has determined that the bid of Goodwin Goodwin, Inc., is the best bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City of Van Buren, Arkansas accepts the bid of 56,800.00 as submitted by Goodwin Goodwin, Inc., as set forth in "Exhibit 1" attached hereto. SECTION 2: The Mayor and City Clerk are hereby authorized by the City Council for the City of Van Buren to pay all expenses relating to the 2013 Tennis Court Project and to execute all documents necessary to effectuate the agreement. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of to for and a. against, the foregoing Resolution at its regular meeting held on the 21 day of October 2F 13. Robert D. Fre: man Mayor ATTESTED: AP O VED AS TO FORM: Barbie Curtis Candice A. ettle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO VACATE A PUBLIC UTILITY EASEMENT ALONG LOT 1 AND 2, BLOCK 4, OF 59 HEIGHTS REVISED, IN THE CITY OF VAN BUREN, ARKANSAS. The City Clerk read the Ordinance in its entirety. Alderman Ragsdale moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Sagely. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Parker moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The clerk then read the Ordinance the third and final time. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Parker and seconded by Alderman Ragsdale to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 10 -2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. I f7 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO VACATE A PUBLIC UTILITY EASEMENT ALONG LOT 1 AND 2, BLOCK 4, OF 59 HEIGHTS REVISED, IN THE CITY OF VAN BUREN, ARKANSAS. WHEREAS, Alvin Prieur, Jr., on behalf of Larry and Paula Gordon, has petitioned the City Council of Van Buren, Arkansas, to vacate a public utility easement along Lot 1 and 2, Block 4, of 59 Heights Revised, in the City of Van Buren, Arkansas, more specifically described as follows: PROPOSED VACATED EASEMENT DESCRIPTION A 10' wide Utility Easement across Lots 1 and 2, in Block 4, 59 Heights Revised an addition to the City of Van Buren, Crawford County, Arkansas being more particularly described as follows: Beginning at the Southwest Comer of Lot 1, Block 4, 59 Heights Revised, Thence along the southern line of Lots 1 and 2, in Block 4 of said 59 Heights Revised, North 85 degrees 36 minutes 17 seconds East, 194.38 feet to the Southeast Comer of Lot 2, Block 4, 59 Heights Revised, Thence along the eastem line of Lot 2, 59 Heights Revised, North 3 degrees 20 minutes 37 seconds East, 10.00 feet, Thence westerly to a point on the westem line of Lot 1, Block 4, 59 Heights Revised South 85 degrees 38 minutes 17 seconds West 194.38 feet, Thence along the West side of Lot 1, Block 4, 59 Heights Revised South 3 degrees 20 minutes 37 seconds West, 10.00 feet to the Point of Beginning, containing 1943.8 square feet or 0.045 acres. and WHEREAS, Larry and Paula Gordon own all the property through which the public utility easement to be vacated extends; and WHEREAS, the City Council of Van Buren, acting under the authority of A.C.A. 14-199 -103, has the authority to vacate public utility easements or segments thereof; and WHEREAS, after due notice as required by law, the Council has at the time and place made notice, heard all persons desiring to be heard on the question and has ascertained that the public utility easement hereinabove designated has therefore been dedicated to the public use as a utility easement and that the same has not been used for a period of more than five (5) years preceding this date; and that the owners of the property abutting such utility easement to be vacated have filed with the Council or have expressed their consent to such abandonment and the public interest and welfare are not adversely affected by the vacating of said public utility easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City of Van Buren, Arkansas, hereby releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the public utility easement running along Lot 1 and 2, Block 4, of 59 Heights Revised, in the City of Van Buren, Arkansas, more specifically described above. SECTION 2; A copy of this Ordinance bearing original signatures and duly certified by the City Clerk shall be filed in the Miscellaneous Records of the Circuit Clerk of Crawford County, Arkansas. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of to for and O against, the foregoing Ordinance at its regular meeting held on the 21' day of October 2013. Robert D. Fre Mayor ATTESTED: VED A FORM: Barbie Curtis Candice A. Settle City ClerkiTreasurer City Attorney On the agenda next was to consider AN ORDINANCE LEVYING (RENEWING) THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2013; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Ragsdale moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Sagely. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Ragsdale moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Blake. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Ragsdale and seconded by Alderman Dodd to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Ragsdale and seconded by Alderman Parker, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. 1 THE ORDINANCE WAS GIVEN THE NUMBER 11 -2013 CITY OF VAN BUREN, ARKS NSAS ORDINANCE NO. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE LEVYING (RENEWING) THE MILLAGE TAX FOR THE CITY GENERAL MUNICIPAL PURPOSES AND FOR THE PUBLIC LIBRARY PURPOSES FOR THE YEAR 2013; DECLARING AN EMERGENCY; AND FOR O 1'HER PURPOSES. WHEREAS, the City of Van Buren, Arkansas, is duly incorporated under the laws of the State of Arkansas, with all powers, authority and duties of a city of the First Class; and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, safety and welfare of the inhabitants of the City of Van Buren, Arkansas, and an emergency exists which requires that this Ordinance become immediately effective and in full force and effect; and WHEREAS, the City of Van Buren, Arkansas, must have funds for its municipal operations, and can only obtain the requisite funding to continue its current level of services to its citizens by renewing the levy of a 2 mill tax on real and personal property, for the general municipal purpose of the City, and by renewing the levy of a 1.4 mill tax on real and personal property tax for the Van Buren library maintenance purposes. NOW, THEREFORE, BE TT ORDAINED AND ENACTED BY HE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The rate of all real and personal property in Van Buren, Arkansas, for the year 2013, for general municipal purposes under the authority of Section 4, Article XII, of the Constitution of 1874, of the State of Arkansas, be, and the same is hereby affixed at 2 mills on the dollar of the assessed valuation of all real property subject to taxation in the City of Van Buren, Arkansas, for the year 2013, for general municipal purposes. SECTION 2: The rate of all real and personal property in the City of Van Buren, Arkansas, for the year of 2013, for the maintenance of a City Public Library, under the authority of a vote of the people of the City of Van Buren, Arkansas, and the City General Elections held on the 7th day of April, 1942, (1 mill) and the 8th day of November, 1994, (.4 mill), be, and the same is hereby affixed at 1.4 mills on the dollar of the assessed valuation of all real and personal property subject to taxation in the City of Van Buren, Arkansas, for the year 2013, for the library maintenance purposes, subject to the provisions of Act No. 848 of 1981; the same being "adjustment or rollback of tax rates due to increase in aggregate valuation of taxable property." SECTION 3: A Certified Copy of this Ordinance shall be filed in the office of the County Clerk of Crawford County, Arkansas, in order that the Quorum Court of Crawford County, Arkansas, may include the same in the general levy of the year 2013 and cause the same to be extended upon the tax books and collected as required by law. SECTION 4: This Ordinance being immediately necessary to obtain revenue to pay expenses of the City Government for the City of Van Buren, Arkansas, and necessary in providing for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this Ordinance shall be, take effect, and be in force after its passage and publication. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 against, the foregoing Ordinance at its regular meeting held on the 21' day of October 2013. 1 1.1 �i: Robert D. Freed Mayor ATTESTED: APPROVED AS TO FORM: l.wuCRJ C t(till Barbie Curtis Candice A. Settle City Clerk/Treasurer City Attorney On the agenda next was to consider AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE AN AGREEMENT WITH THE CRAWFORD COUNTY ASSESSOR FOR AERIAL PHOTOGRAPHY AND MAPPING, FOR THE APPROPRIATION OF FUNDS, AND FOR OTHER PURPOSES. The City Clerk read the Ordinance in its entirety. Alderman Sagely moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Dodd moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Sagely. The council followed with a unanimous vote. The clerk then read the Ordinance the third and final time. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Dodd and seconded by Alderman Parker to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 12 -2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE AN AGREEMENT WITH THE CRAWFORD COUNTY ASSESSOR FOR AERIAL PHOTOGRAPHY AND MAPPING, FOR THE APPROPRIATION OF FUNDS, AND FOR OIDER PURPOSES. WHEREAS, the City of Van Buren is in need of up to date and accurate aerial mapping and high resolution imagery to assist in long term city planning, emergency planning, and economic planning; and WHEREAS, the City of Van Buren has previously partnered with the Crawford County Assessor for aerial photography and mapping services using Pictometry International, Inc.; and WHEREAS, the attached proposal from the Crawford County Assessor using Pictometry International, Inc., is for updated aerial photography and mapping for Crawford County to include Van Buren's corporate city limits and its planning area; and WHEREAS, the City Council has determined, pursuant to A.C.A. 14- 58- 303(bx2XB) that exceptional circumstances exist which render the competitive bidding process to not be practical or feasible. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The City Council in accordance with the terns of A.C.A. 14- 58- 303(b)(2)(B), hereby waives the requirement of competitive bidding in this particular case as such procedure is not deemed feasible or practical and authorizes and directs the Mayor to enter into an agreement with the Crawford County Assessor for the above described services. SECTION 2: The Mayor is authorized to. expend 530,000.00 to be paid in three yearly installments of 510,000.00 for this mapping project, by the City Council for the City of Van Buren, and to execute all documents, contracts, and agreements necessary to effectuate this Ordinance. IN WITNESS WHEREOF, the City of VFp Bur rkansas, by its City Council, did pass, approve, and adopt, by a vote of (p for and U the foregoing Ordinance at its regular meeting held on the 21 day of October 2013 al Robert D.Fre- Mayor ATTESTED: OVE t AST Barbie Curtis :ice A. Settle City Clerk/Treasurer City Attorney t On the agenda next was to consider AN ORDINANCE FOR COMPLIANCE WITH ARK. CODE ANN. 16 -13 -709, DESIGNATING THE CRAWFORD COUNTY DISTRICT COURT- VAN BUREN DIVISION AS THE AGENCY PRIMARILY RESPONSIBLE FOR THE COLLECTION OF FINES, DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. The Clerk read the Ordinance in its entirety. Alderman Parker moved that the rules be suspended and the Ordinance be placed on its second reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The Clerk then read the Ordinance the second time. Alderman Sagely moved that the rules be further suspended and the Ordinance placed on the third and final reading. The motion was seconded by Alderman Ragsdale. The council followed with a unanimous vote. The Clerk then read the Ordinance the third and final time. The Mayor then put the question, "Shall the Ordinance pass Motion was made by Alderman Ragsdale and seconded by Alderman Sagely to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. The Mayor declared the motion carried as there were six (6) ayes and (0) nays. Four (4) votes being necessary for passage. Motion was made by Alderman Parker and seconded by Alderman Ragsdale, that the emergency clause be adopted. On the Clerk's calling the roll, the following vote resulted: Ayes Alderman Blake, Moore, Ragsdale, Dodd, Sagely and Parker. Nays none. The Mayor then declared the Ordinance passed and signed same in open Council, duly attested by the City Clerk. THE ORDINANCE WAS GIVEN THE NUMBER 13 -2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE FOR COMPLIANCE WITH ARK CODE ANN. 16 -13 -709, DESIGNATING THE CRAWFORD COUNTY DISTRICT COURT -VAN BUREN DIVISION AS THE AGENCY PRIMARILY RESPONSIBLE FOR THE COLLECTION OF FINES, DECLARING AN EMERGENCY; AND FOR O MER PURPOSES. WHEREAS, A.CA 16 -13 -709 requires an Ordinance be enacted specifically designating the agency primarily responsible for the collection of fines in the district courts; and WHEREAS, it is the desire of the Administration and the Van Buren City Council to comply with A.CA 16 -13 -709; and WHEREAS, the City of Van Buren wishes to designate the Crawford County District Court -Van Buren Division as the agency primarily responsible for the collection of fines; and WHEREAS, the purpose of this Ordinance is immediately necessary for preservation of the health, safety and welfare of the inhabitants of the City of Van Buren, Arkansas and an emergency exists which requires that this Ordinance become immediately effective and in full force and effect. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: The Crawford County District Court-Van Buren Division is hereby designated as the primary agency responsible for the collection of fines. SECTION 2: This Ordinance being necessary for the financial continuity of the City of Van Buren, Arkansas, and necessary in providing for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this Ordinance shall take effect and be in force after its passage and approval. IN WITNESS WITEREOF, the City of Van Bure kansas, by its City Council, did pass, approve, and adopt, by a vote of Irk for and 7) ag. mst, e foregoing Ordinance at its regular meeting held on the 21' day of October 2013. Robert D. Freeman Mayor A y ESTED: oILM: Barbie Curtis Can, ce e City Clerk/Treasurer City Attorney Next on the agenda was the Financial Statement. Motion was made by Alderman Dodd and seconded by Alderman Ragsdale to appropriate the sum of 1,572,853.61 to pay expenses and salaries for September 2013, presented by the City Clerk. The Council followed with a unanimous vote. 10 -08 -2013 10:29 AM C I T Y O F V A N B U R E N PAGE: 1 TRIAL BALANCE AS OF: SEPTEMBER 30TH, 2013 10 General Fund MONTH TO DATE YEAR TO DATE ACCT# ACCOUNT NAME DEBITS CREDITS DEBITS CREDITS ASSETS 1000 Petty Cash 0.00 200.00 1020 Cash in Bank 22,531.61 432,469.92 0.G 1020.01 Cash In Bank -Ins. Reimb. 0.00 0.00 1020.03 Cash In Bank- ASP's &Walmart Gra 0.00 0.00 1020.04 Veterans' Memorial -Act 934 0.00 276.00 L' 1020.05 2009 Byrne Recovery Grant 0.00 0.00 :734 -S 1020.06 2009 Byrne Grant 0.00 0.00 6 J ..7,. (2 -F 1020.07 2007 Byrne Grant 0.00 0.00 1 1 .Di j 5 5,96 1020.08 Cash in Bank- Storm Damage 0.00 0.00 q 1020.09 District Cout Grant Mediation 0.00 25.00 1020.10 Cash in Bank HDC 0.00- 7,032.67 1020.11 Cash in Bank -HVBB 900.00 2,768.92 0 0 6 1020.12 Emergency Management Fund 0.00 0.00 1020.13 Cash In. Bank -ACT 833 1,419.12 54,299.60 1020.14 Court Automation District 930.33 87,431.19 1020.15 Cash in Bank -ACT 1314 0.00 0.00 1020.16 AR Dept of Rural Services 0.00 0.00 1020.17 New Police Dept 0.00 31,750.00 1020.18 Cash in Bank PD Co Tax 12,350.98 82,237.56 1020.19 Cash in Bank FD Co Tax 23,023.50 147,120.55 1020.20 Cash In Bank- Erosion Control 225.00 13,650.00 1020.21 Cash in Bank CPAcademy 0.00 761.22 1020.22 Cash In Bank -PEG Grant 0.00 10,000.00 1020.27 Cash in Bank Levee 0.00 9,145.26 1020.28 Marina Repairs 0.00 10,495.60 1020.29 Property Maintenance -Scrap 0.00 63.25 1020.30 Field of Dreams- Equipment 0.00 780.14 1020.31 Cash in Bank Parks Rec 2,362.50 1,837.47 1020.32 GIF -Parks Recreation 0.00 0.00 1020.33 Cash in Bank -Yard Waste 6,349.43 168,002.90 1020.51 Cash in Bank Cemetery 1,196.57 4,172.85 1020.91 Cash in Bank Cap Imp 192,733.48 114,836.40 1040 Investments 0.00 0.00 1040.10 Investments Sales Tax City 0.00 0.00 1040.18 Investments PD Co Tax 0.00 0.00 1040.19 Investments FD Co Tax 0.00 0.00 1040.27 Investments Levee 0.00 0.00 1040.31 Investments Parks Rec 0.00 0.00 1040.51 Investments Cemetery 0.00 38,752.59 1040.91 Investments Cap Imp 249,842.03 372,170.34 0.00 1050 Fixed Assets 0.00 1051 Accumulated Depreciation 0.00 0.00 1504 Due from Payroll 0.00 0.00 1505 Due From Other Funds 0.00 0.00 1520 Due from Street Fund 0.46 0.00 1540 Due From Library Fund 0.00 0.00 LIABILITIES AND FUND BALANCE Next Police, Fire, Building Inspector, Engineer, Ambulance, and District Court Reports were presented for filing. There being no further questions or changes, the reports were filed as submitted. Next on the agenda was Miscellaneous and General Discussion. The council had four requests to close streets for various events. The First Baptist Church asked to close streets for a 5K run on Sunday night, October 27, 2013. Motion was made by Alderman Dodd and seconded by Alderman Ragsdale. The council followed with a unanimous vote. Next, Les Thomas Jr. requested the closing of Main Street for the 12 annual Van Buren Veterans Day Parade on the evening of Monday, November 11, 2013. Motion was made by Alderman Parker and seconded by Alderman Ragsdale. The council followed with a unanimous vote. The third request for street closure came from the Downtown Merchants Association on the night of December 7, 2013. Motion was made by Alderman Parker and seconded by Alderman Ragsdale. The council followed with a unanimous vote. The final request came from King Elementary to close several roads Saturday, March 15, 2014 for approximately one hour. The school is hosting the Ninth Annual 5K run benefiting the fourth grade students to go to an area educational camp. Motion was made by Alderman Moore and seconded by Alderman Dodd. The council followed with a unanimous vote. There being no further business, motion was made by Alderman Parker and seconded by Alderman Ragsdale to adjourn. The Council followed with a unanimous vote. The meeting adjourned at 7:52 p.m. ATTESTED: AP'RO D: LaAb:si, CAVat;J. CITY CLERK TREASURER MA OR